By Kubiak                                             H.B. No. 3447

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of geologists, geophysicists, and soil

 1-3     scientists; providing an administrative and a criminal penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  SHORT TITLE.  This Act may be cited as the

 1-6     Geoscientist Registration Act.

 1-7           SECTION 2.  PURPOSE.  In order to safeguard the interests of

 1-8     the citizens of this state, to promote the public welfare, and to

 1-9     protect the environment, the public practice of geology,

1-10     geophysics, and soil science in this state is declared to be

1-11     subject to regulation in the public interest.

1-12           SECTION 3.  DEFINITIONS.  In this Act:

1-13                 (1)  "Board" means the Board of Licensure for

1-14     Geologists, Geophysicists, and Soil Scientists.

1-15                 (2)  "Board certified specialty geologist" means a

1-16     licensed professional geologist who has met the academic and

1-17     experience qualifications in a specialty of geology established

1-18     under this Act and has been certified in that specialty by the

1-19     board.

1-20                 (3)  "Board certified specialty geophysicist" means a

1-21     licensed professional geophysicist who has met the academic and

1-22     experience qualifications in a specialty of geophysics established

 2-1     under this Act and has been certified in that specialty by the

 2-2     board.

 2-3                 (4)  "Board certified specialty soil scientist" means a

 2-4     licensed professional soil scientist who has met the academic and

 2-5     experience qualifications in a specialty of soil science

 2-6     established under this Act and has been certified in that specialty

 2-7     by the board.

 2-8                 (5)  "Certified geologist" means a geologist who has

 2-9     been certified by a professional geological organization, society,

2-10     or association that has certification requirements that have been

2-11     recognized by the board, including the American Association of

2-12     Petroleum Geologists (AAPG), the American Institute of Professional

2-13     Geologists (AIPG), and the Society of Independent Professional

2-14     Earth Scientists (SIPES).

2-15                 (6)  "Certified geophysicist" means a geophysicist who

2-16     has been certified by a professional geophysical organization,

2-17     society, or association that has certification requirements that

2-18     have been recognized by the board.

2-19                 (7)  "Certified soil scientist" means a soil scientist

2-20     who has been certified by a professional soil science organization,

2-21     society, or association that has certification requirements that

2-22     have been recognized by the board, including the Soil Science

2-23     Society of America and the American Registry of Certified

2-24     Professionals in Agronomy, Crops, and Soils (ARCPACS).

2-25                 (8)  "Geological subordinate" means a person who

2-26     assists in the practice of geology, or an exempt person practicing

2-27     geology, without assuming the responsible charge of the work.

 3-1                 (9)  "Geologist" means a person qualified to engage in

 3-2     the practice of geology by reason of the person's knowledge of

 3-3     geology, mathematics, and the supporting physical and life

 3-4     sciences, acquired through  education and practical experience.

 3-5                 (10)  "Geology" means the science of the earth and its

 3-6     origin and history, the investigation of the earth's constituent

 3-7     rocks, minerals, fossil fuels, solids, and fluids, and the study of

 3-8     the natural and introduced agents, forces, and processes that cause

 3-9     changes in and on the earth.

3-10                 (11)  "Geophysical subordinate" means a person who

3-11     assists in the practice of geophysics, or an exempt person

3-12     practicing geophysics, without assuming the responsible charge of

3-13     the work.

3-14                 (12)  "Geophysicist" means a person qualified to engage

3-15     in the practice of geophysics by reason of the person's knowledge

3-16     of geophysics, mathematics, physics, and the supporting physical

3-17     and life sciences, acquired through education and practical

3-18     experience.

3-19                 (13)  "Geophysics" means the science of the study of

3-20     the physical earth by means of measuring its natural and induced

3-21     fields of force, including electricity, gravity, and magnetism, and

3-22     its responses to natural and induced energy and the interpretation

3-23     of these measurements, and relating these measurements to the

3-24     physics of the earth.

3-25                 (14)  "Public practice of geology" means the

3-26     performance before the public of geological services or work

3-27     affecting the public health and safety, including consulting,

 4-1     investigating, evaluating, planning, mapping, and inspecting

 4-2     geological work, and the responsible supervision of those tasks.

 4-3                 (15)  "Public practice of geophysics" means the

 4-4     performance before the public of geophysical services or work

 4-5     affecting the public health and safety, including consulting,

 4-6     investigating, evaluating, planning, mapping, and inspecting

 4-7     geophysical work, and the responsible supervision of those tasks.

 4-8                 (16)  "Public practice of soil science" means the

 4-9     performance before the public of soil science services or work

4-10     affecting the public health and safety, including consulting,

4-11     investigating, evaluating, planning, mapping, and inspecting soil

4-12     science work, and the responsible supervision of those tasks.

4-13                 (17)  "Licensed professional geologist" means a

4-14     geologist who has met the academic and experience qualifications of

4-15     this Act and who has been issued a license as a licensed

4-16     professional geologist by the board.

4-17                 (18)  "Licensed professional geophysicist" means a

4-18     geophysicist who has met the academic and experience qualifications

4-19     of this Act and who has been issued a license as a licensed

4-20     professional geophysicist by the board.

4-21                 (19)  "Licensed professional soil scientist" means a

4-22     soil scientist who has met the academic and experience

4-23     qualifications of this Act and who has been issued a license as a

4-24     licensed professional soil scientist by the board.

4-25                 (20)  "Responsible charge"  means the independent

4-26     control and direction of geological, geophysical, or soil science

4-27     work or the supervision of geological, geophysical, or soil science

 5-1     work by the use of initiative, skill, and independent judgment.

 5-2                 (21)  "Soil science" means the science of soils, their

 5-3     classification, origin, and history, the investigation of physical,

 5-4     chemical, mineralogical, morphological, and biological

 5-5     characteristics of soils, and the study of natural and introduced

 5-6     agents, forces, and processes that cause changes in and on the

 5-7     soil.

 5-8                 (22)  "Soil science subordinate" means a person who

 5-9     assists in the practice of soil science, or an exempt person

5-10     practicing soil science, without assuming the responsible charge of

5-11     the work.

5-12                 (23)  "Soil scientist" means a person qualified to

5-13     engage in the practice of soil science by reason of the person's

5-14     knowledge of soil science, and the supporting chemical, physical,

5-15     and biological sciences acquired through education and practical

5-16     experience.

5-17                 (24)  "Geoscientist" means a person qualified to engage

5-18     in the practice in one of the collective disciplines of the

5-19     geological sciences, including geology, geophysics, and soil

5-20     science and specialty practices of each.

5-21                 (25)  "Specialty" means a branch of geology,

5-22     geophysics, or soil science that has been recognized by the board

5-23     for specialty certification.

5-24                 (26)  "Practice of specialty geology" means the

5-25     performance before the public of geological services or work

5-26     including consulting, investigating, evaluating, planning, mapping,

5-27     and inspecting geological work and the responsible supervision of

 6-1     those tasks in the commonly recognized specialty geological

 6-2     practices including engineering geology, hydrogeology, and

 6-3     environmental geology.

 6-4                 (27)  "Practice of specialty geophysics" means the

 6-5     performance before the public of geophysical services or work

 6-6     including consulting, investigating, evaluating, planning, mapping,

 6-7     and inspecting geophysical work and the responsible supervision of

 6-8     those tasks in the commonly recognized specialty geophysical

 6-9     practices, including engineering geophysics, hydrogeophysics, and

6-10     environmental geophysics.

6-11                 (28)  "Practice of specialty soil science" means the

6-12     performance before the public of soil science services or work

6-13     including consulting, investigating, evaluating, planning, mapping,

6-14     and inspecting soil science work and the responsible supervision of

6-15     those tasks in commonly recognized specialty soil science

6-16     practices, including soil survey, soil classification, and

6-17     environmental soil science.

6-18                 (29)  "Performance before the public" means

6-19           (a)  providing professional geological, geophysical, or soil

6-20     science services:

6-21                 (1)  to a governmental entity in the state of Texas;

6-22                 (2)  to comply with rules or regulations established by

6-23     Texas governmental entities for the express purpose of protecting

6-24     the health, safety and welfare of the citizens of Texas; and

6-25                 (3)  to the public, firms, or corporations in Texas

6-26     where the practitioner assumes the ultimate liability for the work

6-27     product.

 7-1           (b)  Performance before the public does not include services

 7-2     provided for the express use of a corporation or firm by an

 7-3     employee or consultant where the corporation or firm assumes the

 7-4     ultimate liability for the work product.

 7-5           SECTION 4.  BOARD OF LICENSURE FOR GEOLOGISTS, GEOPHYSICISTS,

 7-6     AND SOIL SCIENTISTS.  (a)  The Board of Licensure for Geologists,

 7-7     Geophysicists, and Soil Scientists is created to administer the

 7-8     provisions of this Act.

 7-9           (b)  The board is composed of nine members, who are appointed

7-10     by the governor with the advice and consent of the senate.

7-11           (c)  Five members of the board must be geologists licensed

7-12     under this Act, two of whom must be board certified in a specialty

7-13     of geology recognized under this Act.  One member of the board must

7-14     be a geophysicist licensed under this Act, and one member of the

7-15     board must be a soil scientist licensed under this Act.  To the

7-16     extent possible, the composition of the geologists, geophysicists,

7-17     and soil scientists licensed under this Act serving on the board

7-18     must be representative of the occupational distribution of

7-19     geologists, geophysicists, and soil scientists licensed under this

7-20     Act.

7-21           (d)  Two members of the board must be members of the general

7-22     public.

7-23           (e)  A member of the board must be a citizen of the United

7-24     States, must have been a resident of this state for at least three

7-25     years preceding appointment, and must be at least 25 years of age.

7-26           (f)  Members of the board serve staggered six-year terms with

7-27     the terms of three members expiring February 1 of each odd-numbered

 8-1     year.

 8-2           (g)  A member of the board may not serve more than two

 8-3     consecutive full terms.

 8-4           (h)  The Board of Licensure for Geologists, Geophysicists,

 8-5     and Soil Scientists is subject to Chapter 325, Government Code

 8-6     (Texas Sunset Act).  Unless continued in existence as provided by

 8-7     that chapter, the board is abolished and this Act expires September

 8-8     1, 2007.

 8-9           SECTION 5.  RESTRICTIONS ON PUBLIC MEMBERSHIP.  A person is

8-10     not eligible for appointment as a public member of the board if the

8-11     person or the person's spouse:

8-12                 (1)  is licensed, certified, or licensed by an

8-13     occupational regulatory agency in the practice of geology,

8-14     geophysics, or soil science;

8-15                 (2)  is employed by or participates in the management

8-16     of a business entity or other organization regulated by the board

8-17     or receiving funds from the board;

8-18                 (3)  owns or controls, directly or indirectly, more

8-19     than a 10 percent interest in a business entity or other

8-20     organization regulated by the board or receiving funds from the

8-21     board; or

8-22                 (4)  uses or receives a substantial amount of tangible

8-23     goods, services, or funds from the board, other than compensation

8-24     or reimbursement authorized by law for board membership,

8-25     attendance, or expenses.

8-26           SECTION 6.  CONFLICTS OF INTEREST.  (a)  An officer,

8-27     employee, or paid consultant of a Texas trade association in the

 9-1     practice of geology, geophysics, or soil science may not be a

 9-2     member of the board or employee of the board who is exempt from the

 9-3     state's position classification plan or is compensated at or above

 9-4     the amount prescribed by the General Appropriations Act for step 1,

 9-5     salary group 17, of the position classification salary schedule.

 9-6           (b)  A person who is the spouse of an officer, manager, or

 9-7     paid consultant of a Texas trade association in the field of

 9-8     geology, geophysics, or soil science may not be a member of the

 9-9     board and may not be an employee of the board who is exempt from

9-10     the state's position classification plan or is compensated at or

9-11     above the amount prescribed by the General Appropriations Act for

9-12     step 1, salary group 17, of the position classification salary

9-13     schedule.

9-14           (c)  For the purposes of this section, a Texas trade

9-15     association is a nonprofit, cooperative, and voluntarily joined

9-16     association of business or professional competitors in this state

9-17     designed to assist its members and its industry or profession in

9-18     dealing with mutual business or professional problems and in

9-19     promoting their common interest.

9-20           SECTION 7.  LOBBYIST RESTRICTION.  A person may not serve as

9-21     a member of the board or act as the general counsel to the board if

9-22     the person is required to register as a lobbyist under Chapter 305,

9-23     Government Code, because of the person's activities for

9-24     compensation on behalf of a profession related to the operation of

9-25     the board.

9-26           SECTION 8.  REMOVAL FROM BOARD.  It is a ground for removal

9-27     from the board if:

 10-1                (1)  the member is no longer qualified for appointment

 10-2    to the board;

 10-3                (2)  the member engages in misconduct, is determined to

 10-4    be incompetent, neglects the member's official duties, or engages

 10-5    in malfeasance;

 10-6                (3)  the member commits a felony or a violation of this

 10-7    Act resulting in disciplinary action;

 10-8                (4)  the member fails without excuse to attend at least

 10-9    half of the regularly scheduled meetings held in a calendar year

10-10    while the member is a member of the board; or

10-11                (5)  other good and sufficient cause for removal

10-12    exists.

10-13          SECTION 9.  OPEN MEETINGS; ADMINISTRATIVE PROCEDURE; PUBLIC

10-14    PARTICIPATION.  (a)  The board is subject to Chapters 551 and 2001,

10-15    Government Code.

10-16          (b)  The board shall develop and implement policies that

10-17    provide the public with a reasonable opportunity to appear before

10-18    the board and to speak on any issue under the jurisdiction of the

10-19    board.

10-20          SECTION 10.  VACANCY.  If a vacancy on the board occurs, the

10-21    governor shall appoint a member to fill the unexpired term as

10-22    provided by this Act.

10-23          SECTION 11.  COMPENSATION.  A member of the board is entitled

10-24    to a per diem as set by the legislature for each day that the

10-25    member engages in the business of the board.  A member of the board

10-26    is entitled to reimbursement for transportation and other expenses

10-27    incurred in connection with the business of the board.

 11-1          SECTION 12.  IMMUNITY FROM CIVIL LIABILITY.  A member or

 11-2    former member of the board or an agent, employee, or member of any

 11-3    advisory committee appointed by the board under this Act is immune

 11-4    from civil liability for any act or omission that occurred in the

 11-5    person's official capacity.  The attorney general shall defend a

 11-6    person immune under this section in an action brought against the

 11-7    board or the person for an alleged act or omission by the person.

 11-8          SECTION 13.  MEETINGS; OFFICERS OF BOARD.  (a)  The board

 11-9    shall hold two or more regular meetings in each calendar year.  A

11-10    special meeting may be held at a time permitted by rule of the

11-11    board.

11-12          (b)  The board shall elect annually from its own membership a

11-13    chair, vice chair, and secretary-treasurer, none of whom may hold

11-14    office for more than two consecutive one-year terms.  The board may

11-15    appoint an assistant secretary and other assistant officers who are

11-16    not members of the board to assist the board and exercise its

11-17    authority in carrying out its duties and responsibilities.

11-18          (c)  A majority of the board constitutes a quorum.

11-19          (d)  Minutes of each meeting of the board, recording the

11-20    members present and the business conducted, shall be signed and

11-21    kept by the secretary-treasurer or an assistant secretary appointed

11-22    by the board.

11-23          SECTION 14.  POWERS AND DUTIES OF BOARD.  (a)  The board may:

11-24                (1)  adopt and enforce rules consistent with this Act

11-25    and necessary for the performance of its duties;

11-26                (2)  set reasonable and necessary fees to be charged

11-27    applicants and licensees under this Act; and

 12-1                (3)  recognize and establish specialty branches of

 12-2    geological, geophysical, and soil science practice and establish

 12-3    qualifications, conduct examinations, and certify specialties for

 12-4    qualified applicants.

 12-5          (b)  The board may prepare, administer, and grade oral and

 12-6    written examinations required or permitted under this Act.  The

 12-7    board may adopt or recognize, in part or in whole, examinations

 12-8    prepared, administered, or graded by other organizations, on a

 12-9    regional or national basis, that the board determines appropriate

12-10    to measure the qualifications of an applicant for licensure as a

12-11    geologist, geophysicist, or soil scientist or certification in a

12-12    specialty of geology, geophysics, or soil science if:

12-13                (1)  the examination questions, the correct answers,

12-14    and an individual applicant's completed examination are available

12-15    to the board; and

12-16                (2)  the board retains the authority to determine a

12-17    passing grade for licensure in this state.

12-18          (c)  The board shall issue, renew, and reinstate licenses as

12-19    provided by this Act.  As a condition for renewal of a license, the

12-20    board may require evidence of the competence of an applicant for

12-21    renewal by requiring the applicant to participate in continuing

12-22    professional education on a periodic or other basis.  As a

12-23    condition for reinstatement, the board may require evidence of the

12-24    competence of an applicant for reinstatement in the practice of

12-25    geology, geophysics, or soil science by reviewing the applicant's

12-26    qualifications and experience, by requiring continuing professional

12-27    education, by conducting a reexamination on a periodic or other

 13-1    basis, or by other appropriate means.

 13-2          (d)  The board, by rule, shall adopt a code of professional

 13-3    conduct that is binding on all licensees under this Act.  The board

 13-4    may enforce the code by imposing sanctions as provided by this Act.

 13-5          (e)  The board shall investigate all complaints of violations

 13-6    of this Act as provided by this Act.

 13-7          (f)  The board may refuse to issue or renew or may suspend or

 13-8    revoke a license and may impose sanctions including restrictions on

 13-9    the practice of a licensee or a person, firm, or corporation

13-10    practicing under this Act for a violation of this Act or a rule

13-11    adopted under this Act.

13-12          (g)  The board may administer oaths and affirmations and

13-13    issue subpoenas to compel the attendance of witnesses and the

13-14    production of evidence.

13-15          (h)  The board may issue cease and desist orders and seek

13-16    injunctions against a violation of this Act or a rule adopted under

13-17    this Act.

13-18          (i)  The board shall recognize the use of the designations

13-19    "Certified Professional Geologist" or "C.P.G." as used by the AIPG,

13-20    "Certified Petroleum Geologist" or "C.P.G." as used by the AAPG,

13-21    "Certified Earth Scientist" or "C.E.S." as used by SIPES,

13-22    "Certified Professional Soil Scientist" or "C.P.S.S." as used by

13-23    the ARCPACS and the use of the designation "Certified Geologist,"

13-24    "Certified Geophysicist," "Certified Soil Scientist," or any

13-25    similar designation used by a professional geological, geophysical,

13-26    or soil science organization, society, or association recognized by

13-27    the board, if:

 14-1                (1)  the organization's, society's, or association's

 14-2    requirements for certification are comparable to the educational

 14-3    and experience requirements of this Act and are otherwise

 14-4    acceptable to the board;

 14-5                (2)  the full name or recognized abbreviation of the

 14-6    organization, society, or association granting the certification is

 14-7    stated following or in conjunction with the use of the designation

 14-8    or abbreviation; and

 14-9                (3)  the designation or abbreviation is not used in a

14-10    manner that is misleading or that creates an impression that the

14-11    person is licensed to practice geology, geophysics, or soil science

14-12    before the public unless the person is licensed under this Act.

14-13          (j)  The board shall recognize the use of the designations

14-14    "geological engineer," "geotechnical engineer," "hydraulic

14-15    engineer," and "agricultural engineer" as legitimate engineering

14-16    titles separate from geology, geophysics, or soil science or a

14-17    specialty of geology, geophysics, or soil science and requiring

14-18    registration as a professional engineer.

14-19          (k)  The board may enter into agreements with boards of

14-20    licensure in other states and other appropriate organizations,

14-21    societies, associations, and agencies to develop uniform standards

14-22    for:

14-23                (1)  the licensure of geologists, geophysicists, and

14-24    soil scientists;

14-25                (2)  accrediting educational programs;

14-26                (3)  establishing reciprocity and temporary licenses;

14-27                (4)  developing regional or national examinations;

 15-1                (5)  evaluating applicants; and

 15-2                (6)  other purposes consistent with this Act.

 15-3          (l)  The board may appoint committees, employ personnel,

 15-4    employ contractors and consultants, lease or purchase furnishings,

 15-5    equipment, and supplies, lease office space, and incur other

 15-6    similar expenses in connection with the administration of this Act.

 15-7          SECTION 15.  EXECUTIVE DIRECTOR; OFFICES.  (a)  The board

 15-8    shall appoint an executive director, who shall be responsible for

 15-9    managing the day-to-day affairs of the board, including:

15-10                (1)  arranging for and supervising the necessary

15-11    support, secretarial, and clerical services;

15-12                (2)  obtaining space for holding examinations,

15-13    meetings, and conferences;

15-14                (3)  printing or purchasing examinations;

15-15                (4)  printing and mailing forms, information, and

15-16    certificates;

15-17                (5)  sending notices, collecting fees, and issuing

15-18    receipts;

15-19                (6)  conducting the correspondence of the board,

15-20    including replying to routine requests for information;

15-21                (7)  maintaining the minutes and records of the board;

15-22                (8)  keeping records of receipts and disbursements; and

15-23                (9)  providing necessary investigative services.

15-24          (b)  The board shall maintain an official office and address

15-25    within the city of Austin to conduct its business.

15-26          SECTION 16.  RECEIPTS AND DISBURSEMENTS; FUND.  (a)  The

15-27    executive director shall receive, administer, and account for all

 16-1    money received under this Act and shall transfer the funds to the

 16-2    comptroller.

 16-3          (b)  All funds paid to the board under this Act shall be

 16-4    deposited in  a special fund, known as the "geoscientists fund."

 16-5    The geoscientists fund shall be maintained in accordance with the

 16-6    accounting procedures of, and shall be subject to audit by, the

 16-7    state auditor.  Interest earned on money deposited in the

 16-8    geoscientists fund shall be credited to the geoscientists fund.

 16-9          (c)  All expenses incurred by the board in the administration

16-10    and enforcement of this Act shall be paid from the geoscientists

16-11    fund.

16-12          (d)  The executive director shall file an annual report of

16-13    all receipts, expenditures, and fund balances with the comptroller.

16-14          (e)  The expenses and income shall be balanced and subject to

16-15    yearly audits by the state auditor.  Any unexpended balance

16-16    remaining in the fund at the end of the fiscal year lapses to the

16-17    general revenue fund.

16-18          SECTION 17.  ROSTER AND SPECIALTIES LIST.  (a)  The board

16-19    shall maintain a roster stating the name and place of business of

16-20    each licensed professional geologist, geophysicist, and soil

16-21    scientist and board certified specialty geologist, geophysicist,

16-22    and soil scientist practicing under a license issued by the board.

16-23    Copies of the roster shall be kept on file with the board and shall

16-24    be furnished on request to a state agency, a county or municipal

16-25    clerk or building official, and a licensee.  A copy of the roster

16-26    shall also be furnished to any person on written request, subject

16-27    to payment of a reasonable fee set by the board and any applicable

 17-1    state taxes.

 17-2          (b)  The board shall maintain a list of recognized

 17-3    specialties of geology, geophysics, and soil science in which

 17-4    certification is recognized by the board under this Act and

 17-5    professional geological, geophysical, and  soil science

 17-6    organizations, societies, and associations recognized by the board.

 17-7          (c)  The board shall maintain a list of each state,

 17-8    territory, or possession of the United States, the District of

 17-9    Columbia, and each foreign country in which the requirements and

17-10    qualifications for licensure are comparable to those established in

17-11    this state and with which a reciprocity agreement exists.

17-12          SECTION 18.  LICENSURE REQUIRED.  (a)  Unless exempted by

17-13    this Act, a person may not engage in the public practice of

17-14    geology, geophysics, or soil science or a specialty of geology,

17-15    geophysics, or soil science without a license issued under this

17-16    Act.

17-17          (b)  A person may not use the term "licensed professional

17-18    geologist," "licensed professional geophysicist," or "licensed

17-19    professional soil scientist," claim to have a specialty in geology,

17-20    geophysics, or soil science as part of a professional, business, or

17-21    commercial identification or title, or otherwise hold out to the

17-22    public that the person is qualified to practice as a geologist,

17-23    geophysicist, or soil scientist or to engage in the public practice

17-24    of geology, geophysics, or soil science or a specialty of geology,

17-25    geophysics, or soil science unless the person is licensed under

17-26    this Act.

17-27          (c)  A person may not prepare or supervise the preparation of

 18-1    a geological, geophysical, or soil science report or a geological,

 18-2    geophysical, or soil science portion of a report required by

 18-3    municipal or county ordinance, state or federal law, state agency

 18-4    rule, or federal regulation that incorporates or is based on a

 18-5    geological, geophysical, or soil study or geological, geophysical,

 18-6    or soil data unless the person is licensed as a geologist,

 18-7    geophysicist, or soil scientist under this Act.

 18-8          (d)  The state or a political subdivision of the state may

 18-9    not contract for geological, geophysical, or soil science services

18-10    with a person other than a person licensed under this Act or with a

18-11    business entity other than a business entity that employs

18-12    geologists, geophysicists, or soil scientists licensed under this

18-13    Act who shall be responsible for the geological, geophysical, or

18-14    soil science work performed by the business entity.  The term

18-15    "contract" as used in this subsection does not include the

18-16    relationship between a state agency or political subdivision and

18-17    its employees.  Geological, geophysical, or soil science work

18-18    performed by employees or contractors of a state agency or

18-19    political subdivision must be performed in accordance with the

18-20    requirements or subsection (c) of Section 18 of this Act.

18-21          SECTION 19.  APPLICATION REQUIREMENTS.  (a)  An applicant for

18-22    licensure as a geologist, geophysicist, or soil scientist, in a

18-23    specialty of geology, geophysics, or soil science, or for temporary

18-24    or reciprocal licensure must apply on a form prescribed by the

18-25    board that is signed and sworn to by the applicant before a notary

18-26    public.

18-27          (b)  An application must be accompanied by the appropriate

 19-1    application fee and include:

 19-2                (1)  information concerning the applicant's education;

 19-3                (2)  a detailed summary of the applicant's geological,

 19-4    geophysical, or soil science work experience, including work in a

 19-5    specialty in which the applicant seeks certification;

 19-6                (3)  a signed statement that the applicant has read and

 19-7    will comply with the code of professional conduct; and

 19-8                (4)  not fewer than five reference letters, of which

 19-9    not fewer than three are from geologists, geophysicists, or soil

19-10    scientists having personal knowledge of the applicant's geological,

19-11    geophysical, or soil science experience.

19-12          (c)  An applicant must pay a fee for application,

19-13    examination, licensure, and renewal of a license, in addition to

19-14    any other fee required by the board.

19-15          SECTION 20.  GEOLOGIST REGISTRATION REQUIREMENTS.  To be

19-16    licensed as a geologist, an applicant must:

19-17                (1)  be of good moral and ethical character as attested

19-18    to by letters of reference submitted on behalf of the applicant or

19-19    as otherwise determined by the board;

19-20                (2)  have graduated from a course of study in geology

19-21    or geoscience satisfactory to the board or from a program

19-22    accredited by an organization recognized by the board, of four or

19-23    more years' duration including at least 30 semester or 45 quarter

19-24    hours of credit, with a major in geology or geoscience or a

19-25    geological specialty or have satisfactorily completed other

19-26    equivalent educational requirements as determined by the board;

19-27                (3)  have a documented record of a minimum of four

 20-1    years of satisfactory work experience in geology or a specialty of

 20-2    geology obtained after completing the academic requirements of a

 20-3    bachelor of science degree from an approved or accredited college

 20-4    or university or have a documented record of not less than six

 20-5    years of satisfactory work experience in geology or a specialty of

 20-6    geology obtained after completing the academic requirements of a

 20-7    bachelor of arts degree from an approved or accredited college or

 20-8    university that demonstrates that the applicant is qualified to

 20-9    assume responsible charge for geological work on licensure as a

20-10    geologist, two years of which work experience may be required by

20-11    the board to have been gained under the supervision of a geologist

20-12    licensed in this state or another state or gained under the

20-13    supervision of another person who, in the opinion of the board, is

20-14    qualified to have responsible charge of geological work;

20-15                (4)  have passed an examination covering the

20-16    fundamentals and practice of geology required by the board; and

20-17                (5)  meet other general or individual requirements

20-18    established by the board under this Act.

20-19          SECTION 21.  GEOPHYSICIST REGISTRATION REQUIREMENTS.  To be

20-20    licensed as a geophysicist, an applicant must:

20-21                (1)  be of good moral and ethical character as attested

20-22    to by letters of reference submitted on behalf of the applicant or

20-23    as otherwise determined by the board;

20-24                (2)  have graduated from a course of study in

20-25    geophysics, geophysical science, or another discipline that in the

20-26    board's opinion is relevant to geophysics or from a program

20-27    accredited by an organization recognized by the board, of four or

 21-1    more years' duration including at least 30 semester or 45 quarter

 21-2    hours of credit, with a major in geophysics or geoscience or a

 21-3    geophysical specialty or have satisfactorily completed other

 21-4    equivalent educational requirements as determined by the board;

 21-5                (3)  have a documented record of a minimum of four

 21-6    years of satisfactory work experience in geophysics or a specialty

 21-7    of geophysics obtained after completing the academic requirements

 21-8    of a bachelor of science degree from an approved or accredited

 21-9    institution of higher learning or have a documented record of not

21-10    less than six years of satisfactory work experience in geophysics

21-11    or a specialty of geophysics obtained after completing the academic

21-12    requirements of a bachelor of arts degree from an approved or

21-13    accredited college or university that demonstrates that the

21-14    applicant is qualified to assume responsible charge for geophysical

21-15    work on licensure as a geophysicist, two years of which work

21-16    experience may be required by the board to have been gained under

21-17    the supervision of a geophysicist licensed in this state or another

21-18    state or gained under the supervision of another person who, in the

21-19    opinion of the board, is qualified to have responsible charge of

21-20    geophysical work;

21-21                (4)  have passed an examination covering the

21-22    fundamentals and practice of geophysics required by the board; and

21-23                (5)  meet other general or individual requirements

21-24    established by the board under this Act.

21-25          SECTION 22.  SOIL SCIENTIST REGISTRATION REQUIREMENTS.  To be

21-26    licensed as a soil scientist, an applicant must:

21-27                (1)  be of good moral and ethical character as attested

 22-1    to by letters of reference submitted on behalf of the applicant or

 22-2    as otherwise determined by the board;

 22-3                (2)  have graduated from a course of study in soil

 22-4    science satisfactory to the board or from a program accredited by

 22-5    an organization recognized by the board, of four or more years'

 22-6    duration and including at least 30 semester or 45 quarter hours of

 22-7    credit, with a major in soil science, or have satisfactorily

 22-8    completed other equivalent educational requirements as determined

 22-9    by the board;

22-10                (3)  have a documented record of a minimum of four

22-11    years of satisfactory work experience in soil science after

22-12    completing the academic requirements of a bachelor of science

22-13    degree from an approved or accredited institution of higher

22-14    learning or have a documented record of not less than four years of

22-15    satisfactory work experience in soil science obtained after

22-16    completing the academic requirements of a bachelor of science

22-17    degree from an approved or accredited college or university that

22-18    demonstrates that the applicant is qualified to assume responsible

22-19    charge for soil science work on licensure as a soil scientist, two

22-20    years of which work experience may be required by the board to have

22-21    been gained under the supervision of a soil scientist licensed in

22-22    this state or another state or gained under the supervision of

22-23    another person who, in the opinion of the board, is qualified to

22-24    have responsible charge of soil science work;

22-25                (4)  have passed a Soil Science Society of America

22-26    examination or an equivalent examination covering the fundamentals

22-27    and practice of soil science required by the board; and

 23-1                (5)  meet other general or individual requirements

 23-2    established by the board under this Act.

 23-3          SECTION 23.  REQUIREMENTS FOR GEOLOGICAL, GEOPHYSICAL, OR

 23-4    SOIL SCIENCE SPECIALTY CERTIFICATION.  An applicant for

 23-5    certification in a geological, geophysical, or soil science

 23-6    specialty must meet the following requirements in addition to

 23-7    meeting the requirements of Section 20, 21, or 22 of this Act, as

 23-8    appropriate:

 23-9                (1)  successful completion of 12 semester or 16 quarter

23-10    hours of advanced study in the specialty at an academic institution

23-11    acceptable to the board or completion of an equivalent amount of

23-12    professional experience acceptable to the board;

23-13                (2)  have experience  including a documented record of

23-14    six or more years of experience with not less than four years in

23-15    the specialty after completing the academic requirements of this

23-16    section in geological, geophysical, or soil science work, as

23-17    appropriate, of a nature satisfactory to the board that

23-18    demonstrates that the applicant is qualified to assume responsible

23-19    charge of the specialty work on certification in the specialty and

23-20    not less than two years of the experience gained under the

23-21    supervision of a geologist, geophysicist, or soil scientist

23-22    certified in the specialty in this state or another state or under

23-23    the supervision of another person whom the board determines to be

23-24    qualified to have responsible charge of geological, geophysical, or

23-25    soil science work in the specialty or, as an alternative to the two

23-26    years of experience under the supervision of a geologist,

23-27    geophysicist, or soil scientist certified in the specialty, the

 24-1    board may accept three reference letters from board certified

 24-2    specialty geologists, geophysicists, or soil scientists in the

 24-3    specialty; and

 24-4                (3)  have passed an examination required by the board

 24-5    in the specialty.

 24-6          SECTION 24.  QUALIFYING EXPERIENCE.  The following standards

 24-7    shall be applied in evaluating the experience of an applicant for

 24-8    licensure in the practice of geology, geophysics, or soil science

 24-9    or for a specialty certification under Sections 20-23 of this Act:

24-10                (1)  each year of professional practice acceptable to

24-11    the board, under the direct supervision of a geologist,

24-12    geophysicist, or soil scientist, as appropriate, who is licensed in

24-13    this state or in another state under requirements for licensure

24-14    that are comparable to those in this Act or under the direct

24-15    supervision of a geologist, geophysicist, or soil scientist, as

24-16    appropriate, who meets the educational and experience requirements

24-17    for licensure but is not required to be licensed under this Act

24-18    constitutes one year of professional experience in geology,

24-19    geophysics, or soil science;

24-20                (2)  each year of professional specialty geological,

24-21    geophysical, or soil science practice acceptable to the board under

24-22    the direct supervision of a specialty geologist, specialty

24-23    geophysicist, or specialty soil scientist who is certified in the

24-24    specialty under this Act or who is licensed or certified as a

24-25    specialty geologist, specialty geophysicist, or specialty soil

24-26    scientist under comparable requirements in another state, under a

24-27    civil engineer or geological engineer licensed in this state or

 25-1    another state, or under a specialty geologist, specialty

 25-2    geophysicist, or specialty soil scientist who meets the educational

 25-3    and experience requirements for licensure but is not required to be

 25-4    licensed under this Act constitutes one year of practice in a

 25-5    specialty in geology, geophysics, or soil science; and

 25-6                (3)  a year of experience in professional practice

 25-7    acceptable to the board and acquired before September 1, 1998,

 25-8    constitutes one year of experience in professional practice if the

 25-9    experience:

25-10                      (A)  was acquired under the direct supervision of

25-11    a geologist, geophysicist, or soil scientist, as appropriate, who

25-12    meets the educational and experience requirements for licensure

25-13    under this Act or is licensed under comparable requirements in

25-14    another state; or

25-15                      (B)  would constitute the responsible charge of

25-16    professional work in geology, geophysics, or soil science, as

25-17    appropriate, as determined by the board.

25-18          SECTION 25.  GRADUATE STUDY, RESEARCH, AND TEACHING

25-19    EXPERIENCE.  (a)  Each year of full-time graduate study in the

25-20    geological, geophysical, or soil sciences or in a specialty of

25-21    geology, geophysics, or soil science that is acceptable to the

25-22    board constitutes one year of professional experience in geology,

25-23    geophysics, or soil science, or the applicable specialty of

25-24    geology, geophysics, or soil science.  No more than two years of

25-25    full-time graduate study may be accepted by the board for

25-26    professional experience for a single applicant.

25-27          (b)  The board may accept geological, geophysical, or soil

 26-1    science research or teaching by a person studying geology,

 26-2    geophysics, or soil science, or a geological, geophysical, or soil

 26-3    science specialty at the college or university level as  qualifying

 26-4    experience if the research or teaching, in the judgment of the

 26-5    board, is comparable to experience obtained in the practice of

 26-6    geology, geophysics, or soil science or a specialty of geology,

 26-7    geophysics, or soil science.

 26-8          SECTION 26.  LICENSURE WITHOUT EXAMINATION.  (a)  The board

 26-9    shall adopt rules relating to the licensure of a person holding a

26-10    valid certificate of registration or license for the practice of

26-11    geology, geophysics, or soil science or a recognized specialty of

26-12    geology, geophysics, or soil science issued under the law of

26-13    another state or a territory or possession of the United States,

26-14    the District of Columbia, or a foreign country, without requiring

26-15    the person to meet the examination requirements of Sections 20-23

26-16    of this Act.

26-17          (b)  The board may issue a license to an applicant who

26-18    provides proof of registration or licensure under requirements that

26-19    the board determines to be substantially similar to those

26-20    established by this Act and who pays the required fees.

26-21          SECTION 27.  TEMPORARY LICENSURE.  A person who is not a

26-22    resident of this state and does not have an established place of

26-23    business in this state who seeks to practice geology, geophysics,

26-24    or soil science in this state for a time not to exceed 90 days

26-25    after the date of licensure or an applicant for reciprocal

26-26    licensure who seeks to practice geology, geophysics, or soil

26-27    science pending a determination on the reciprocity application may

 27-1    be issued a temporary license authorizing temporary practice in

 27-2    this state if the person:

 27-3                (1)  applies for temporary licensure to the board,

 27-4    provides proof of  licensure in another state, the District of

 27-5    Columbia, a territory or possession of the United States, or a

 27-6    foreign country, and pays the required fees;

 27-7                (2)  agrees to comply  with the signature requirements

 27-8    of Section 34(b) of this Act and to affix the person's seal from

 27-9    the jurisdiction where the person is registered or licensed on all

27-10    work completed while practicing under the temporary license; and

27-11                (3)  files the required information and reports and

27-12    complies with other requirements established by the board

27-13    concerning the person's temporary practice.

27-14          SECTION 28.  WAIVER OF REQUIREMENTS.  (a)  In an individual

27-15    case, the board may waive any of the requirements for licensure by

27-16    a two-thirds vote of the entire board, except for the payment of a

27-17    required fee, on the written request of the applicant and on a

27-18    showing of good cause if the board determines that the applicant is

27-19    otherwise qualified for licensure as a geologist, geophysicist, or

27-20    soil scientist or for certification in a specialty of geology,

27-21    geophysics, or soil science.

27-22          (b)  The requirements waived under this section and the basis

27-23    for the waiver must be recorded in the applicant's record and in

27-24    the proceedings of the board.

27-25          SECTION 29.  DENIAL OF LICENSURE.  (a)  The board may deny

27-26    licensure for an applicant who fails to satisfy a requirement of

27-27    this Act or on a determination by the board that there is probable

 28-1    cause to believe that an applicant has violated this Act or a

 28-2    provision the licensee would be subject to in this Act or a

 28-3    comparable provision in the licensure law of another state.

 28-4          (b)  The board may not issue a license pending the

 28-5    disposition of a complaint alleging a violation in this or another

 28-6    state if the board has notice of the alleged violation.

 28-7          (c)  An applicant who is denied licensure must be notified of

 28-8    the reason for denial in writing not later than the 30th day after

 28-9    the date of the board's decision.  Not later than the 30th day

28-10    after the date of receipt of the notice, the applicant may make a

28-11    written request for a hearing.  In the absence of a request for a

28-12    hearing, the board's action is final.

28-13          SECTION 30.  CONTINUING EDUCATION.  To renew a license as a

28-14    professional geologist, geophysicist, or soil scientist or

28-15    certification as a specialty geologist, geophysicist, or soil

28-16    scientist, an applicant for renewal must meet the continuing

28-17    education requirements for renewal established by the board.

28-18          SECTION 31.  CERTIFICATES AND SEALS.  (a)  The board shall

28-19    issue an appropriate license to a licensed professional geologist,

28-20    geophysicist, or soil scientist and a specialty certification to an

28-21    applicant who meets the requirements of this Act for licensure as a

28-22    geologist, geophysicist, or soil scientist or for board

28-23    certification in a specialty of geology, geophysics, or soil

28-24    science on payment of the applicable licensure fee.

28-25          (b)  The certificate must show the full name of the licensee,

28-26    have a serial number, and be signed by an appropriate officer of

28-27    the board under the board's seal.

 29-1          (c)  The issuance by the board of a license is prima facie

 29-2    evidence that while the certificate is valid the person named on

 29-3    the certificate is entitled to all rights and privileges of a

 29-4    licensed professional geologist, geophysicist, or soil scientist,

 29-5    or a board certified specialty geologist, geophysicist, or soil

 29-6    scientist and is entitled to practice geology, geophysics, or soil

 29-7    science as a firm or corporation.

 29-8          (d)  A certificate and seal issued to a holder of a specialty

 29-9    certificate must:

29-10                (1)  clearly identify the specialty certification; and

29-11                (2)  be distinct from a certificate and seal issued to

29-12    a holder of a certificate who does not have a specialty

29-13    certificate.

29-14          SECTION 32.  LICENSE DURATION; EXPIRATION.  (a)  A license is

29-15    valid for a period not to exceed three years and expires according

29-16    to a schedule established by the board.

29-17          (b)  The board shall notify each certificate holder of the

29-18    date of expiration of the person's certificate and the amount of

29-19    the fee required for renewal not later than the 60th day before the

29-20    date of expiration.

29-21          (c)  On expiration, a certificate is invalid and may not be

29-22    renewed except as provided by this Act.

29-23          SECTION 33.  LICENSE RENEWAL.  (a)  The board shall renew or

29-24    reissue a license for a licensee who before the expiration date of

29-25    the certificate or within a period not to exceed 60 days after the

29-26    expiration as determined by the board:

29-27                (1)  submits the required renewal application and fee

 30-1    and a penalty for late renewal if required; and

 30-2                (2)  meets the requirements for renewal established by

 30-3    the board.

 30-4          (b)  The board, by rule, may establish conditions and fees

 30-5    for the reissuance of licenses that have lapsed, expired, or been

 30-6    suspended or revoked.

 30-7          (c)  The board shall reissue a new certificate to replace any

 30-8    license that has been lost, destroyed, or mutilated, subject to the

 30-9    rules and fees adopted by the board.

30-10          SECTION 34.  LICENSEE'S SEAL.  (a)  On licensure, a licensee

30-11    must obtain a seal of a design established by the board bearing the

30-12    licensee's name, license number, the words "Licensed Professional

30-13    Geologist," "Licensed Professional Geophysicist," or "Licensed

30-14    Professional Soil Scientist" and words that indicate any specialty

30-15    in which the individual may be certified.

30-16          (b)  Geological, geophysical, and soil science reports,

30-17    documents, and other records as defined by the board that are

30-18    offered to the public and prepared or issued by or under the

30-19    supervision of a licensed professional geologist, geophysicist, or

30-20    soil scientist or by a subordinate under the supervision of a

30-21    licensed professional geologist, geophysicist, or soil scientist

30-22    must include the full name, signature, and license number of the

30-23    licensee who prepared the document or under whose supervision it

30-24    was prepared and an impression of the licensee's seal in accordance

30-25    with rules adopted by the board.  Documents that are required to be

30-26    prepared or issued by or under the direction of a geologist,

30-27    geophysicist, or soil scientist certified in a specialty must be

 31-1    similarly signed and sealed.

 31-2          SECTION 35.  EXEMPTIONS; APPLICATION OF ACT.  (a)  The

 31-3    following activities do not require licensure under this Act:

 31-4                (1)  geological, geophysical, or soil science work

 31-5    performed by an employee or a subordinate of a licensee under this

 31-6    Act, if the work does not include the responsible charge of

 31-7    geological, geophysical, or soil science work and is performed

 31-8    under the direct supervision of a licensed professional geologist,

 31-9    geophysicist, or soil scientist who is responsible for the work;

31-10                (2)  geological, geophysical, or soil science work

31-11    performed by an officer or employee of the United States practicing

31-12    solely as such an officer or employee;

31-13                (3)  geological, geophysical, or soil science work

31-14    performed exclusively in exploring for and developing energy

31-15    resources, base metals, precious and nonprecious minerals,

31-16    including sand, gravel, and aggregate, provided such work is done

31-17    in and for the benefit of private industry;

31-18                (4)  geological, geophysical, or soil science research

31-19    conducted through an academic institution, a state or federal

31-20    governmental agency, a nonprofit research institution, or a

31-21    for-profit organization that includes submitting a report on the

31-22    research to a public agency unless the work is covered by Section

31-23    18(c) of this Act;

31-24                (5)  teaching geology, geophysics, or soil science or a

31-25    related physical or natural science except for teaching an advanced

31-26    course in geology, geophysics, or soil science that may be intended

31-27    to qualify as a course requirement for specialty certification;

 32-1                (6)  the acquisition and interpretation of data

 32-2    involving soil, rock, groundwater, and other earth materials for

 32-3    engineering purposes; the evaluation of the physicial and chemical

 32-4    properties of soil, rock, groundwater, and other earth materials,

 32-5    or the use of data in analysis, design, and construction by a

 32-6    professional engineer registered in this state;

 32-7                (7)  work customarily performed by a physical or

 32-8    natural scientist including a chemist, an archaeologist, a

 32-9    geographer, and an oceanographer, if the work does not include the

32-10    planning and execution of a geological, geophysical, or soil

32-11    science investigation or involve the scientist being in responsible

32-12    charge of geological, geophysical, or soil science or specialty

32-13    geological, geophysical, or soil science work or require drawing or

32-14    making geological, geophysical, or soil science conclusions or

32-15    recommendations that significantly affect the public health,

32-16    safety, or welfare;

32-17                (8)  testifying or preparing and presenting an exhibit

32-18    or document for the sole purpose of being placed in evidence before

32-19    an administrative or judicial tribunal or hearing, if the

32-20    testimony, exhibit, or document does not imply that the person is

32-21    licensed under this Act; and

32-22                (9)  evaluation by a state agency as defined in Texas

32-23    Government Code, Section 2001.003(7), or hearing examiner of an

32-24    exhibit or document offered or placed in evidence before an

32-25    administrative tribunal.

32-26          (b)  This Act does not permit the practice of engineering, as

32-27    that practice is defined by The Texas Engineering Practice Act

 33-1    (Article 3271a, Vernon's Texas Civil Statutes), by a licensed

 33-2    professional geologist, geophysicist, or soil scientist or a

 33-3    specialty geologist, geophysicist, or soil scientist.

 33-4          (c)  A recommendation, design, analysis, redesign, review and

 33-5    evaluation, supervision, or summary analysis of an engineered

 33-6    structure or work that requires engineering education, training,

 33-7    and experience in the application of special knowledge of

 33-8    mathematical, physical, or engineering sciences is engineering and

 33-9    is subject to The Texas Engineering Practice Act (Article 3271a,

33-10    Vernon's Texas Civil Statutes).

33-11          (d)  This Act does not permit the performance of an

33-12    engineering analysis supporting an engineering design by a licensed

33-13    professional geologist, geophysicist, or soil scientist or

33-14    specialty geologist, geophysicist, or soil scientist unless the

33-15    action is under the supervision of a licensed professional

33-16    engineer.

33-17          (e)  This Act does not permit a licensed professional

33-18    geologist, geophysicist, or soil scientist or specialty geologist,

33-19    geophysicist, or soil scientist to provide construction quality

33-20    control and evaluation, or to design, develop, or perform

33-21    engineering review and evaluation of plans and specifications for

33-22    an engineered structure or work as defined under the Texas

33-23    Engineering Practice Act.  Engineered structures or works include a

33-24    building, utility, machine, equipment, engineered process, engineer

33-25    product, device, liner, or project designed or constructed,

33-26    regardless of whether the structure or work in constructed of

33-27    earthen or man-made materials.  This subsection does permit the

 34-1    geoscientific review and evaluation of the geoscientific components

 34-2    of a project that includes an engineered structure or work.

 34-3          (f)  With regard to an environmental and pollution

 34-4    remediation project, this Act:

 34-5                (1)  permits the characterization, study, appraisal,

 34-6    investigation, and geoscientific review and evaluation of the

 34-7    geoscientific components of a project by a certificate holder; and

 34-8                (2)  as required under the Texas Engineering Practice

 34-9    Act, does not permit the design, development, or performance of

34-10    engineering review and evaluation of an engineered structure, work,

34-11    or process or related constructed improvements used in the

34-12    extraction and management of waste.

34-13          (g)  Nothing in this Act requires a licensed geologist, or

34-14    person acting under the supervision of a licensed geologist, who

34-15    performs service or work that is both geology and soil science as

34-16    defined by this Act to be licensed as a soil scientist or to work

34-17    under the supervision of a soil scientist.

34-18          (h)  Nothing in this Act requires a licensed soil scientist,

34-19    or person acting under the supervision of a licensed soil

34-20    scientist, who performs service or work that is both soil science

34-21    and geology as defined by this Act to be licensed as a geologist or

34-22    to work under the supervision of a licensed geologist.

34-23          SECTION 36.  PRACTICE OF GEOLOGY, GEOPHYSICS, OR SOIL SCIENCE

34-24    BY FIRM OR CORPORATION.  (a)  A firm or corporation may not engage

34-25    in the public practice of geology, geophysics, or soil science or a

34-26    specialty of geology, geophysics, or soil science except for:

34-27                (1)  geological, geophysical, or soil science work

 35-1    performed by or under the supervision of a geologist, geophysicist,

 35-2    or soil scientist licensed to practice geology, geophysics, or soil

 35-3    science or certified in an applicable  specialty of geology,

 35-4    geophysics, or soil science who is in responsible charge of the

 35-5    work and who signs and seals all documents as required by this Act;

 35-6    and

 35-7                (2)  a firm or corporation the principal business of

 35-8    which is the public practice of geology, geophysics, or soil

 35-9    science as determined by board rule if a principal of the firm or

35-10    an officer or director of the corporation is licensed as a

35-11    professional geologist, geophysicist, or soil scientist and has

35-12    overall supervision and control of the geological, geophysical, or

35-13    soil science work performed in this state.

35-14          (b)  A firm or corporation permitted to engage in the public

35-15    practice of geology, geophysics, or soil science or a specialty of

35-16    geology, geophysics, or soil science is subject to the rules of the

35-17    board that pertain to the practice of geology, geophysics, or soil

35-18    science or a specialty of geology, geophysics, or soil science by a

35-19    firm or corporation.

35-20          (c)  Except as provided by this section, a person, firm, or

35-21    corporation may not hold out to the public that the person, firm,

35-22    or corporation is a licensed professional geologist, licensed

35-23    professional geophysicist, or licensed professional soil scientist,

35-24    board certified in a specialty of geology, geophysics, or soil

35-25    science, or able to perform geological, geophysical, or soil

35-26    science services or prepare a report or other document that

35-27    requires the signature and seal of a licensee under this Act.

 36-1          SECTION 37.  DISCIPLINE AND ENFORCEMENT.  (a)  The board may

 36-2    take the following disciplinary actions:

 36-3                (1)  deny renewal of a license;

 36-4                (2)  permanently revoke the license of a licensee;

 36-5                (3)  suspend the license of a licensee for a specified

 36-6    time, not to exceed three years, to take effect immediately

 36-7    notwithstanding an appeal  if the board determines that the

 36-8    licensee's continued practice constitutes an imminent danger to the

 36-9    public health, welfare, and safety;

36-10                (4)  issue a public or private reprimand to an

36-11    applicant, a licensee, or a person, firm, or corporation practicing

36-12    geology, geophysics, or soil science under this Act;

36-13                (5)  impose limitations, conditions, or restrictions on

36-14    the practice of an applicant, a licensee, or a person, firm, or

36-15    corporation  practicing geology, geophysics, or soil science under

36-16    this Act;

36-17                (6)  require that a licensee participate in a peer

36-18    review program under rules adopted by the board;

36-19                (7)  require that a licensee obtain remedial education

36-20    and training as prescribed by the board;

36-21                (8)  impose probation on a licensee requiring regular

36-22    reporting to the board;

36-23                (9)  require restitution, in whole or in part, of

36-24    compensation or fees earned by a licensee  a person, firm, or

36-25    corporation practicing geology, geophysics, or soil science under

36-26    this Act; and

36-27                (10)  impose an appropriate administrative penalty for

 37-1    each violation of this Act or a rule adopted under this Act on a

 37-2    licensee or a non-licensee who is not exempt from registration

 37-3    under the provisions of this Act.

 37-4          (b)  The board may impose appropriate sanctions for:

 37-5                (1)  the practice of any fraud or deceit in obtaining

 37-6    certification from an organization described in Section 14(i) of

 37-7    this Act or in obtaining a license as a geologist, geophysicist, or

 37-8    soil scientist or in a specialty of geology, geophysics, or soil

 37-9    science;

37-10                (2)  incompetency, misconduct, fraud, gross negligence,

37-11    or repeated incidents of negligence in the public practice of

37-12    geology, geophysics, or soil science;

37-13                (3)  conviction of a felony or a crime involving moral

37-14    turpitude;

37-15                (4)  the imposition of an administrative, civil, or

37-16    criminal fine, or the imposition of a sentence of imprisonment or

37-17    probation instead of a fine, for a misdemeanor relating to or

37-18    arising out of the public practice of geology, geophysics, or soil

37-19    science;

37-20                (5)  the issuance of a cease and desist order or a

37-21    similar sanction relating to or arising out of the public practice

37-22    of geology, geophysics, or soil science;

37-23                (6)  using the seal of another person or using or

37-24    allowing the use of the licensee's seal on geological, geophysical,

37-25    or soil science work not performed by  or under the supervision of

37-26    the licensee;

37-27                (7)  aiding or abetting a person in the violation of

 38-1    this Act;

 38-2                (8)  the revocation or suspension of a license, the

 38-3    denial of renewal of a license, or other disciplinary action taken

 38-4    by a state agency, board of registration, or similar licensing

 38-5    agency for geologists, geophysicists, or soil scientists or a

 38-6    profession or occupation related to the public practice of geology,

 38-7    geophysics, or soil science; however, the sanction imposed by the

 38-8    board under this subdivision may not exceed in severity or duration

 38-9    the sanction on which the action is based;

38-10                (9)  a mental or physical disability, including a

38-11    dependence on or addiction to alcohol or a legal or illegal drug,

38-12    that substantially interferes with the individual's ability to

38-13    assume the responsible charge of and responsibility for geological,

38-14    geophysical, or soil science work; however, a sanction imposed

38-15    under this subdivision may not violate a state or federal law

38-16    relating to the rights of a person with a disability;

38-17                (10)  practicing or offering to practice geology,

38-18    geophysics, or soil science or holding out to the public that the

38-19    person or the person's firm or corporation is licensed or qualified

38-20    to practice geology, geophysics, or soil science if the person is

38-21    not licensed under this Act or the person's firm or corporation

38-22    does not employ a licensed professional geologist, licensed

38-23    professional geophysicist, or licensed professional soil scientist

38-24    as required by this Act;

38-25                (11)  practicing or offering to practice a specialty of

38-26    geology, geophysics, or soil science recognized by the board or

38-27    holding out to the public that the person or the person's firm or

 39-1    corporation is certified in or qualified to practice a specialty of

 39-2    geology, geophysics, or soil science if the person is not certified

 39-3    in that specialty under this Act or the person's firm or

 39-4    corporation does not employ a geologist, geophysicist, or soil

 39-5    scientist certified in that specialty to be in responsible charge

 39-6    of the specialty work as required by this Act; or

 39-7                (12)  violating this Act, a rule adopted under this

 39-8    Act, including the code of professional conduct, or a comparable

 39-9    provision of the laws or rules  regulating the practice of geology,

39-10    geophysics, or soil science in another state or country.

39-11          SECTION 38.  COMPLAINTS; INVESTIGATION.  (a)  A person may

39-12    bring a complaint alleging a violation of this Act or a rule

39-13    adopted under this Act.

39-14          (b)  The board shall investigate all complaints brought to

39-15    its attention and may employ investigators, expert witnesses, and

39-16    hearing officers, appoint advisory committees, and conduct hearings

39-17    to determine whether disciplinary or other action should be taken.

39-18          (c)  A complaint must be made in writing, be sworn to by the

39-19    person making the complaint, and be filed with the board's

39-20    secretary.

39-21          (d)  A person who reports or provides information to the

39-22    board in good faith is not subject to an action for civil damages.

39-23          (e)  The board, on its own motion and on a finding of

39-24    probable cause following its investigation, may direct the

39-25    secretary to file a verified complaint charging a person with a

39-26    violation of this Act or a rule adopted under this Act.  The board

39-27    shall hear all charges, except for a charge that the board

 40-1    determines to be unfounded or unsupported by the evidence

 40-2    submitted.

 40-3          SECTION 39.  REPORT OF DISCIPLINARY ACTION.  (a)  The board

 40-4    shall report disciplinary actions taken by the board to appropriate

 40-5    regulatory officials in this state, to any other registration or

 40-6    licensing board or organization acting on behalf of a registration

 40-7    or licensing board in another state, or to an appropriate state or

 40-8    federal law enforcement agency if the board determines that a

 40-9    violation of laws enforced by the agency receiving the report may

40-10    have occurred.

40-11          (b)  The board shall report a disciplinary action taken by

40-12    the board to appropriate law enforcement authorities if the board

40-13    believes that the violation prompting the disciplinary action

40-14    constitutes a criminal offense.

40-15          (c)  The records of the board's disciplinary actions may be

40-16    released by the board to a law enforcement agency or a licensing or

40-17    registration board in this state or another state on written

40-18    request.

40-19          (d)  The board shall issue public notice of all suspensions

40-20    and revocations of licenses including a suspension, surrender of a

40-21    certificate, or revocation, obtained informally or by consent, in

40-22    an annual report or another publication selected by the board.  A

40-23    report under this subsection may not include an expiration or

40-24    revocation of a license based solely on the failure of the licensee

40-25    to renew the license or to pay an applicable fee.

40-26          SECTION 40.  APPEAL.  A person aggrieved by a final decision

40-27    or action of the board imposing a sanction under this Act may

 41-1    appeal the board's decision or action in a court of competent

 41-2    jurisdiction.

 41-3          SECTION 41.  REISSUANCE OF A LICENSE.  (a)  The board may

 41-4    reissue a license that was revoked on written application to the

 41-5    board made after the third anniversary of the date of the

 41-6    revocation.  The applicant must show good cause to justify the

 41-7    reissuance of the license.

 41-8          (b)  The board shall reissue a license that was suspended on

 41-9    the date the suspension period expires.  The board may impose

41-10    reasonable conditions or limitations in connection with the

41-11    reissuance of a license that has been suspended.

41-12          SECTION 42.  OFFENSE.  (a)  A person commits an offense if

41-13    the person:

41-14                (1)  practices, offers, or attempts to practice

41-15    geology, geophysics, or soil science or a specialty of geology,

41-16    geophysics, or soil science before the public without being

41-17    licensed as required by this Act;

41-18                (2)  uses the term "Licensed Professional Geologist,"

41-19    "Licensed Professional Geophysicist," or "Licensed Professional

41-20    Soil Scientist," or the initials "L.P.G." or "L.P.S.S." or claims a

41-21    specialty in geology, geophysics, or soil science as a

41-22    professional, business, or commercial identification or title or

41-23    otherwise holds out to the public that the person is licensed to

41-24    practice geology, geophysics, or soil science or a specialty of

41-25    geology, geophysics, or soil science without being licensed as

41-26    required by this Act;

41-27                (3)  alters or revises a document, map, or other

 42-1    geological, geophysical, or soil science work signed or sealed by a

 42-2    licensed professional geologist, licensed professional

 42-3    geophysicist, or licensed professional soil scientist unless the

 42-4    alteration or revision is signed and sealed by a licensed

 42-5    professional geologist, licensed professional geophysicist, or

 42-6    licensed professional soil scientist;

 42-7                (4)  changes or alters the name or seal of another

 42-8    licensed professional geologist, licensed professional

 42-9    geophysicist, or licensed professional soil scientist on any

42-10    document, map, or other geological, geophysical, or soil science

42-11    work;

42-12                (5)  impersonates a licensed professional geologist,

42-13    licensed professional geophysicist, or licensed professional soil

42-14    scientist or presents or attempts to use the license or the seal of

42-15    another licensed professional geologist, licensed professional

42-16    geophysicist, or licensed professional soil scientist as the

42-17    person's own license or seal;

42-18                (6)  gives false or forged evidence to the board or to

42-19    a member of the board in an attempt to obtain a license;

42-20                (7)  uses a seal or signs a document under a license

42-21    that is expired or has been suspended or revoked;

42-22                (8)  manages, owns, or operates a place of business

42-23    where public geological, geophysical, or soil science work or

42-24    specialty work that is not exempt from licensure under this Act is

42-25    offered or performed for others without the work being supervised

42-26    or performed by a licensed professional geologist, licensed

42-27    professional geophysicist, or licensed professional soil scientist

 43-1    or a geologist, geophysicist, or soil scientist certified in a

 43-2    specialty of geology, geophysics, or soil science;

 43-3                (9)  uses public geological, geophysical, or soil

 43-4    science work performed by another person for a purpose that

 43-5    violates this Act; or

 43-6                (10)  otherwise violates this Act or a rule adopted by

 43-7    the board under this Act.

 43-8          (b)  An offense under this section is a Class A misdemeanor.

 43-9          SECTION 43.  TRANSITION.  (a)  An applicant who applies for a

43-10    license under this Act before September 1, 1998, may be qualified

43-11    for licensure without written examination if the applicant has:

43-12                (1)  graduated from an accredited institution of higher

43-13    education acceptable to the board with a bachelor of science or

43-14    bachelor of arts or higher degree and a major in geology or

43-15    geoscience if the application is for certification as a geologist,

43-16    a major in geophysics, geophysical science, or another discipline

43-17    the board determines to be relevant to geophysics if the

43-18    application is for certification as a geophysicist, or a major in

43-19    soil science if the application is for certification as a soil

43-20    scientist; or

43-21                (2)  graduated from an accredited institution of higher

43-22    education in a four-year academic degree program other than

43-23    geology, geoscience, geophysics, or soil science, as appropriate,

43-24    but has completed the required number of course hours to qualify as

43-25    a geologist, geophysicist, or soil scientist or in a specialty of

43-26    geology, geophysics, or soil science and has experience consisting

43-27    of not less than six years of professional practice in geology,

 44-1    geophysics, or soil science, as appropriate, acceptable to the

 44-2    board completed before the date of application for licensure under

 44-3    this section.

 44-4          (b)  An applicant for certification in a specialty who

 44-5    applies before the first anniversary of the date the board

 44-6    officially recognizes the specialty under this Act may be qualified

 44-7    for certification in that specialty without written examination if

 44-8    the applicant:

 44-9                (1)  is licensed under this Act as a geologist,

44-10    geophysicist, or soil scientist in this state; and

44-11                (2)  has experience consisting of not less than six

44-12    years of professional practice acceptable to the board in the

44-13    applicable specialty of geology, geophysics, or soil science

44-14    completed before the date of application for certification in a

44-15    specialty under this section.

44-16          (c)  An initial member of the board who is required to be a

44-17    licensed professional geologist, geophysicist, or soil scientist

44-18    must be qualified for licensure or certification under Subsections

44-19    (a) and (b) of this section.

44-20          (d)  The governor shall make the initial appointments to the

44-21    board before November 1, 1997.  The board shall hold its first

44-22    meeting before January 1, 1998.  The initial appointments to the

44-23    board shall be made as follows:

44-24                (1)  three members shall be appointed for terms

44-25    expiring in 1999;

44-26                (2)  three members shall be appointed for terms

44-27    expiring in 2001; and

 45-1                (3)  three members shall be appointed for terms

 45-2    expiring in 2003.

 45-3          (e)  The board shall adopt rules under this Act not later

 45-4    than November 30, 1998.

 45-5          (f)  A person is not required to obtain a certificate of

 45-6    licensure under this Act until January 1, 1999.

 45-7          SECTION 44.  EFFECTIVE DATE.  This Act takes effect September

 45-8    1, 1997, except that Sections 18 and 42 take effect January 1,

 45-9    1999.

45-10          SECTION 45.  EMERGENCY.  The importance of this legislation

45-11    and the crowded condition of the calendars in both houses create an

45-12    emergency and an imperative public necessity that the

45-13    constitutional rule requiring bills to be read on three several

45-14    days in each house be suspended, and this rule is hereby suspended.